For a bailable offence, bail is a right once the required conditions are met. Bail is not barred in a non-bailable offence; instead, the court or competent authority follows the applicable legal process and exercises discretion.
The category of an offence is determined by checking the relevant law and the Schedule to the BNSS. The category is not determined by how serious the allegation sounds or by how large the section number is. Regular bail, anticipatory bail and default bail, which relates to an investigation not being completed in time, are separate grounds. An order in another person’s case does not guarantee the same outcome in your case.
What should you do now?
- Check all the sections in the FIR and the role of any special law.
- Record the dates of arrest, remand and custody accurately.
- Prepare the necessary documents relating to residence, identity and surety for the appropriate application.
Which documents should you keep?
The FIR, remand orders, identity and residence documents, and any available medical or other supporting records.
Do not make this mistake
It is wrong to assume that “non-bailable” means “bail is never possible” and to give up legal remedies.
A hypothetical example
Two people are charged under different sections, and one is granted bail at the police station. This does not necessarily mean that the other person will follow the same process. The offence category, any special statute and the judicial stage must be considered separately in each case.
Does bail bring the case to an end?
No. The hearing and the conditions of the order continue to apply after bail is granted.
Legal basis and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.